Subsequent to Law Commission of India’s invitation to public in Nov 2014 to comment on its consultation paper about custody law reform in India, it has recently released its recommendations to the Law Ministry on amending both Hindu Minority and Guardianship Act, 1956 and Guardians and Wards Act, 1890. Full PDF of report is given below (linked from Law Commission’s website): Law Commission of India Report no 257. Reforms in Guardianship and Custody Laws in India. May 2015 As per the report, there were 125 responses to Law Commission’s invitation for comments. In a country of 1.25 billion, there were only 125 responses! I am not sure if they are counting the responses sent via emails , because the number 125 seems too low. Anyway, maybe … [Read more...] about Law commission recommends amendments to HMGA, 1956 and GWA, 1890 for joint custody and shared parenting
Law Making
Government proposes making IPC 498A compoundable
On 11th Mar, 2015 in Rajya Sabha, government disclosed its intentions of making IPC 498A compoundable: Minister of State for Home Affairs Haribhai Parathibhai Chaudhary, in a written statement in Rajya Sabha, replied with a "yes, sir" when he was asked whether government proposes to make Section 498A of IPC a compoundable offence by appropriate amendments in the CrPC."The government has the proposal to make Section 498A of the Indian Penal Code a compoundable offence, with the permission of the courts, as per the recommendations of the Law Commission of India and the .. I have already posted about the meaning of compoundable and non-compoundable offences in some detail. Previously in Sep 2014, government was proposing making 498A both bailable and compoundable, where I had covered it’s … [Read more...] about Government proposes making IPC 498A compoundable
Send email/post to law commission to implement shared parenting law to get better child access/custody/visitation
Law Commission of India has released a Consultation Paper on Adopting a Shared Parentage System in India on Nov 10, 2014. Any citizen can submit their suggestions which have to reach law commission latest by Dec 5, 2014. All fathers and men facing marital issues are advised to send their suggestions to Law Commission in favour of shared parenting being adopted in India, which will help fathers to get better access to and reasonable shared physical custody of their children. If you do strongly feel however that mother is always best for child, just remember the unwritten rule followed in the courts that father is best to pay maintenance and money, and nothing more than that! So don’t feel surprised if during mediation, CAW cell ‘counselling’, in DV cases/family … [Read more...] about Send email/post to law commission to implement shared parenting law to get better child access/custody/visitation
Want to save your property? Oppose Marriage Laws Amendment (2010) bill
Update 3-Mar-2015: There was some news that government may drop marriage amendment bill (which introduces Irretrievable Breakdown of Marriage OR IrBM clause), but we cannot be too sure since there seems to be an inexplicable urge behind this bill, presumably to appease the international media that India is not just a women oppressive regime, or a rape and gang-rape country. It’s another matter that rape and other crime statistics are much higher in these developed countries who report the crimes in India. So it’s up to each individual to continue to send speed post/registered letters against this bill, else you might as well lose your property to a woman who made contribution to your life except that she holds a marriage certificate with your name as husband! After sending the … [Read more...] about Want to save your property? Oppose Marriage Laws Amendment (2010) bill
Flaws in marriage amendment (2010) bill aka IrBM Irretrievable Breakdown of Marriage
According to latest news, the marriage amendment (2010) bill which was passed during UPA regime in 2013 in Rajya Sabha is now being resurrected and hurriedly being re-introduced in Winter session of Parliament starting on 24th Nov 2014. The bill allows wife to get divorce and also lay a claim on on dear husband’s property after merely staying separately for 3 years. http://economictimes.indiatimes.com/news/politics-and-nation/government-plans-bill-to-make-marriage-laws-women-friendly/articleshow/45165307.cms?intenttarget=no The bill in its various forms: originally proposed 2010 version, and the 2013 version passed by Rajya Sabha is available below: http://www.prsindia.org/billtrack/the-marriage-laws-amendment-bill-2010-1227 There is fundamental flaw in the bill that it … [Read more...] about Flaws in marriage amendment (2010) bill aka IrBM Irretrievable Breakdown of Marriage
Government proposes amending IPC 498a – anti-dowry law
Right on the heels of news about WCD (Women and Child Development) Ministry proposing amendments to DV Act (Protection of Women from Domestic Violence Act) to protect mothers-in-law too, there is fresh news of amending the law which is the mother of bail/DV/divorce industry in India – the notorious IPC 498a, popularly known as dowry harassment law. http://timesofindia.indiatimes.com/india/Govt-mulls-amendments-to-anti-dowry-law/articleshow/39095407.cms NEW DELHI: Keeping in view the rising number of complaints regarding the misuse of anti-dowry law, Centre is mulling to introduce penal provisions in the act that will ensure punishment or penalty to those who make false charges. The Union ministry of women and child development is also contemplating giving more teeth to the Dowry … [Read more...] about Government proposes amending IPC 498a – anti-dowry law